Validity of electronic signature in Yemeni law

Abstract

This research examines the legal aspects of the validity of electronic signatures as evidence. The study aims to define the concept of authenticity and clarify the legal requirements for establishing the authenticity of e-signatures. The study focuses on the provisions and authenticity of e-signatures in Islamic jurisprudence, Yemeni law, and comparative legal systems. The study employs a descriptive and analytical approach by examining legal texts of the authenticity of e-signatures in Yemeni law. Additionally, a comparative analysis is conducted by comparing provisions with those found in other legal systems, as dictated by the contextual requirements. The study is divided into three sections. The first section discusses the concept of authenticity and the conditions necessary to establish the authenticity of e-signatures. The second section examines the authenticity of e-signatures in Islamic jurisprudence. While the third section explores the provisions of authenticity of e-signatures in Yemeni law and comparative legal systems. The research concludes that the authenticity of e-signatures as proof relies on the fulfilment of certain legal requirements. These requirements encompass establishing a clear connection between the signatory and the e-signature to verify the signatory's identity and control over the signature. Additionally, a close correlation should exist between the electronic signature and the associated electronic document. The argument supporting the authenticity of electronic signatures in Islamic jurisprudence is rooted in the principles of evidence. Islamic law does not prescribe a specific number or form of evidence but allows for the inclusion of any means that facilitate the establishment of truth and justice among people. In this regard, electronic signatures serve as a valid means of evidence, as they fulfil the purpose of demonstrating authenticity. Similarly, in Yemeni law, an electronic signature carries the same weight and legal effects as a traditional handwritten signature, as long as it is validated. The study suggests that the Yemeni legislature should revise the Payment Systems Law and Electronic Financial and Banking Operations No. 40 of 2006 to ensure alignment with the advancements in technology and the increasing demand for internet-based commercial transactions in Yemen. Additionally, the study emphasizes the importance of enacting a law specifically regulating the provisions of e-signatures and the establishment of dedicated entities responsible for authentication and issuance of e-signature certificates.